If my ex-husband hasn’t seen our kids for 10 months, can he just show up at their school and our house unannounced?

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If my ex-husband hasn’t seen our kids for 10 months, can he just show up at their school and our house unannounced?

Can he show up at my door step and take the kids? What can I file to keep him away until he communicates with me? We have joint custody.

Asked on October 7, 2010 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless you bring a petition to modify the joint custody order there really may be nothing that you can do at this stage of the game.  And you really have to have a change of circumstances in order to request modification.  You can also, though, enforce the agreement by making him adhere to the agreed days and times and not just showing up at your door. This should be done outside the earshot of the kids and before a Judge. Otherwise the kids will think you are the "bad guy" here. Getting him to talk to you, though, is not going to be mandated outside of communicating as to the children and in the context of enforcing the order.  Good luck.  


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